Constitutional Law Commons^™

Give Them A Reason They Can Understand: An Examination Of Rhode Island's Medicaid Ineligibility Notices To The State's Most Vulnerable Populations, Laura Pickering

Roger Williams University Law Review

No abstract provided.

Students, Police, And The School-To-Prison Pipeline, Jason P. Nance

UF Law Faculty Publications

Since the terrible shootings at Sandy Hook Elementary School in Newtown, Connecticut, lawmakers and school officials continue to deliberate over new laws and policies to keep students safe, including putting more police officers in schools. Yet these decisionmakers have not given enough attention to the potential negative consequences that such laws and policies may have, such as creating a pathway from school to prison for many students. Traditionally, only educators, not law enforcement, handled certain lower-level offenses that students committed, such as fighting or making threats without using a weapon. Drawing on recent restricted data from the US Department of …

Race, Restructurings, And Equal Protection Doctrine Through The Lens Of Schuette V. Bamn, Steve Sanders

Articles by Maurer Faculty

No abstract provided.

Category Errors And Executive Power, Jonathan H. Adler

FIU Law Review

No abstract provided.

North Carolina State Board Of Dental Examiners V. Ftc: Aligning Antitrust Law With Commerce Clause Jurisprudence Through A Natural Shift Of State-Federal Balance Of Power, Marie Forney

Indiana Law Journal

The Supreme Court’s holding in North Carolina State Board of Dental Examiners v. FTC (NC Dental)1 in February 2015 demonstrates a natural shift in the balance of power from the states to the national government. As the country’s interstate and international economy has become more integrated, federal authority has likewise expanded.2 And although the federalism dichotomy has undergone periodic back-and-forth “swings” since the nation’s founding, the end result has been a net increase in federal power. NC Dental exemplifies this trend toward increasing national au-thority through the organic development of interstate commerce.

To Loose The Bonds: The Deceptive Promise Of Freedom From Pretrial Immigration Detention, Denise L. Gilman

Indiana Law Journal

Each year, the United States government detains more than 60,000 migrants who are eligible for release during immigration court proceedings that will determine their right to stay in the United States. Detention or release should be adjudicated through a custody determination process focused on the question of whether a mi-grant poses a flight risk or danger to the community. Yet, because the process skips the critical inquiry into the need for detention before setting monetary bond require-ments for release that are difficult to fulfill, freedom remains elusive.

The custody determination process is a cornerstone in the U.S. immigration de-tention edifice …

Reconstituting The Right To Education, Joshua Weishart

Law Faculty Scholarship

Confronting persistent and widening inequality in educational opportunity, advocates have regarded the right to education as a linchpin for reform. In the forty years since the Supreme Court relegated that right to the domain of state constitutional law, its power has surged and faded in litigation challenging state school finance systems. Like so many of the students it is meant to protect, however, the right to education has generally underachieved, in part because those wielding it have not always appreciated its distinctive forms and function.

Deconstructed, the right to education held by children has been formulated doctrinally as both a …

Is The First Amendment At Risk?, Devin Darrow

Nebraska College Preparatory Academy: Senior Capstone Projects

Since the establishment of the Bill of Rights on December 15th 1791, Freedom of Speech has been one of the more controversial topics found within the first ten amendments. The Supreme Court has changed their interpretation of the 1st Amendment, Freedom of Speech clause, due to the cultural shifts of each generation. Recent cases have made technology a major factor for laws needing to be changed in order to protect people’s rights.

In conclusion, the definition of freedom of speech will continuously change due to the progress in technology. The last 10 years have demonstrated the need for changes. There …

Bureaucratic Administration: Experimentation And Immigration Law, Joseph Landau

Faculty Scholarship

In debates about executive branch authority and policy innovation, scholars have focused on two overarching relationships—horizontal tension between the president and Congress and the vertical interplay of federal and state authority. However, these debates have overlooked the role of frontline bureaucratic officials in advancing the laws they administer. This Article looks to immigration law—in which lower-level federal officers exercise discretion delegated down throughout federal agencies—to identify how bottom-up agency influences can inform categorical, across-the-board executive branch policy. In this Article, I argue that decisions by frontline officers can and should be better harnessed to pair local laboratories of executive experimentation …

Twenty-Week Abortion Statutes: Four Arguments, Randy Beck

UC Law Constitutional Quarterly

The Supreme Court has never justified the conclusion that the Constitution bars any substantial regulation designed to protect fetal life prior to viability. No majority opinion has offered a rationale for the viability rule, and the arguments in non-majority opinions are conclusory or fail to distinguish viability from earlier possible lines. The viability rule is arbitrary because the capacity of a fetus to survive outside the womb says nothing about the value of the fetus from the standpoint of the state or the burden of pregnancy on the mother, the two interests the rule purports to balance. The arbitrary character …

Meyer, Pierce, And The History Of The Entire Human Race: Barbarism, Social Progress, And (The Fall And Rise Of) Parental Rights, Jeffrey Shulman

UC Law Constitutional Quarterly

This article examines the significance of the United States Supreme Court decisions in Meyer v. Nebraska and Pierce v. Society of the Sisters under the backdrop of shifting views on what constitutes appropriate state regulation of education. On its face, the question of how a state may regulate education may not seem so controversial. However, the idea that the state could mandate public education and take children from their parents conflicted with traditional views of family autonomy and parental authority.

Progress would occur with the steady diminution of state authority, but under the guidance of the court. Part I of …

Operation Inherent Resolve And The Reemergence Of The Debate Over The War Powers Resolution, Kyle C. Walker

UC Law Constitutional Quarterly

In the face of terrorist threats and the emergence of the Islamic State of Iraq and the Levant, President Obama has authorized air-strikes as part of the country's antiterrorism campaign. This article begins by discussing the unique justifications for the executive's actions as commander in chief, and identifies the difficult question of defining where Presidential and Congressional war powers begin, end, and overlap. Specifically, the article describes how the Executive has relied on the 2002 Authorization to Use Military Force in Iraq as well as the President's constitutional authority to protect American citizens and national security. In doing so, President …

The Real-World Fourth Amendment, Brent E. Newton

UC Law Constitutional Quarterly

The Fourth Amendment's protections against unreasonable searches and seizures have resulted in a massive body of appellate case law, including several hundreds of decisions by the Supreme Court and many thousands of decisions by the lower courts. The Article, written by a former long-time public defender, provides a comprehensive and accessible survey of the Fourth Amendment as applied to recurring real-world situations in which a police officer or other governmental official engages in a search or seizure of property or a person. The Article addresses both "substantive" and "remedial" aspects of the Fourth Amendment in both criminal prosecutions and civil …

Shocking The Eighth Amendment's Conscience: Applying A Substantive Due Process Test To The Evolving Cruel And Unusual Punishments Clause, Jency Megan Butler

UC Law Constitutional Quarterly

Excessive force is today's most prominently debated governmental abuse. The "shocks the conscience" test is a widely used substantive due process protection that analyzes excessive force claims. More specifically, under excessive force law, the "shocks the conscience" test evaluates whether the government has violated a person's constitutional rights. This Note begins with an overview of Eighth Amendment history and articulates a problem in today's Cruel and Unusual jurisprudence created by the Supreme Court's unsettled proportionality review. This Note then proposes that the Cruel and Unusual Punishments Clause should be interpreted with the "shocks the conscience" standard. For an Eighth Amendment …

Procedural Due Process Liberty Interests, Ann Woolhandler

UC Law Constitutional Quarterly

The Supreme Court's divided decision inKerry v. Din, 135 S. Ct. 2128 (2015), shows the difficulty of defining liberty for purposes of procedural due process. Din, a United States citizen, claimed that she had been denied procedural due process when the State Department refused to grant an immigrant visa to her husband. Justice Scalia's plurality opinion reasoned that Din had no liberty interest protected by procedural due process, while Justice Breyer's dissent concluded that Din had such an interest based on fundamental rights involving marriage, the right of citizens to reside in the country, and statutory immigration preferences for spouses. …

Waiving Goodbye: In Memory Of The Reasonable-Doubt Standard, Steven Wall

UC Law Constitutional Quarterly

This Note will focus on the unique helplessness of innocent defendants who have plead guilty in cases involving governmental misconduct. The Supreme Court has recognized that our criminal justice system is, for the most part, a system of pleas rather than trials. Unfortunately, there are many indications that innocent people plead guilty. The most developed realm of law being used to push for measures to reduce the occurrence of this phenomena is the body of cases stemming from Brady v. Maryland. Brady v. Maryland requires prosecutors to disclose material exculpatory evidence (evidence demonstrating actual innocence) and impeaching evidence at trial. …

Diy Solutions To The Hobby Lobby Problem, Kristin Haule

Loyola of Los Angeles Law Review

No abstract provided.

For The Protection Of Society's Most Vulnerable, The Ada Should Apply To Arrests, Thomas J. Auner

Loyola of Los Angeles Law Review

No abstract provided.

Expanding Territorial Bounds: The Recognition Doctrine After Zivotofsky V. Kerry, Nicole Kirkilevich

Loyola of Los Angeles Law Review

No abstract provided.

Ignorance Of The Law Is No Excuse—Unless You’Re A Cop, Hannah Dunn

Loyola of Los Angeles Law Review

No abstract provided.